Privacidade e proteção de dados no Brasil: avanços legislativos

Abstract

This work approaches the relationship between the right to privacy and the protection of personal data, presenting this correspondence as a response of the new legislation to the demands arising from the popularization of the internet and technological advances. To do so, the analysis of the provisions of the General Law on Data Protection LGPD (Nº. 13,709/ 18) and other legislation concerning the subject is made. In addition, a comparative study was also made with the standards that constitute the recent Regulation 679/2016 of the European Union, this legislation being the precursor in the world on the subject of data protection. Thus, it seeks to verify the applicability of the law that will come into force in February 2020 and which must safeguard fundamental principles for the norm to be fully effective and effective, in addition to adjusting to international expectations. To speak of the right to privacy and protection of personal data is to speak about a fundamental human right and is directly related to the maintenance of a society in which fundamental freedoms are guaranteed, that is, a democratic society. Privacy is presented as a legal instrument consolidated and recognized in the Brazilian legal system and, therefore, should be considered and appropriate for the development of the protection of such data.